BISWAMBHAR SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) These three appeals which have been heard together raise the same or similar questions. Appeal No. 167 of 1953 relates to Hemgir of which the appellant Shri Biswambhar Singh is the proprietor. It comprises an area of about 360 square miles out of which 145 square miles are covered by forests. Appeal No. 168 of 1953 is by the appellant Shri Janardhan Singh who is the proprietor of Sarapgrah comprising an area of about 45 square miles. Appeal No. 169 of 1953 relates to Nagra the proprietor whereof is the appellant Shri Sibnarayan Singh Mahapatra. It comprises an area of 545 square miles including 109 square miles of forests.

(2.) All these proprietors are the decendants of Bhuiyan Chiefs and they claim that their ancestors were independent ruling chiefs of their respective principalities. There is no dispute that in course of time they became subordinate vassals of the Raja of Gangapur. It appears from Connolly's Report Mukherjees Report and Ramdhyani's Report that neither the Raja of Gangpur nor any of these proprietors was anxious to have their respective rights defined specifically and so the settlement officers made no attempt to do so with the result that their status 'vis- /2is' the Raja of Gangapur remains undertermined. There is no evidence on record that the ancestors of the proprietors of Hemgir and Sarapgarh ever received or accepted any Sanad or grant from the Raja of Gangpur.

(3.) By a certain process beginning with Agreement of Integration made in December 1947 and ending with the State's Merger (Governor's province) Order made on the 27th July 1949 by the then Governor-General of India in exercise of the powers conferred on him by section 290-A of the Government of India Act as amended by the Indian Independence Act, 1947 all the feudatory states of Orissa merged into and became part of the State of Orissa, in consequence of such merger the area comprised in Hemgir, Sarapgarh and Nagra as parts of the merged territories became parts of the State of Orissa.